Burglary / Robbery
Burglary in Texas is defined as entering a habitation, a building, or any part of a building not open to the public and without consent of the property owner, with the intent to commit a felony, a theft, or an assault. The second form of burglary is by remaining concealed in a building or habitation with the intent to commit a felony, a theft, or an assault. The third type of burglary is by entering a building or habitation and committing or attempting to commit a felony, theft, or an assault.
Burglary of a Habitation
Burglary of a habitation is a second degree felony punishable by 2-20 years in prison. However, burglary of a habitation becomes a first degree felony punishable by 5-99 years or life if the premises are a habitation and any party to the offense entered the habitation with intent to commit a felony OTHER THAN felony theft or committed or attempted to commit a felony other than felony theft.
Therefore, the use of a deadly weapon in the burglary of the habitation can contribute to the intent to commit a felony other than felony theft but does not by itself make the burglary of a habitation a first degree felony. The exception to this would be if the person carrying the deadly weapon was a felon because a felon in possession of a firearm is a felony in Texas.
Burglary of a Vehicle
Another common Texas burglary offense is burglary of a vehicle. This occurs when a person breaks into or enters a car without the owner's permission, with intent to commit a felony or a theft. Generally this is a Class A misdemeanor and carries a potential 1 year in jail. However, if a person has two or more similar convictions on his or her record, that person can be charged with a state jail felony and face 2 years in a state jail.
If you or someone you know has been charged with burglary; rest assured that at the Law offices of Carolyn M. Wentland we have the expertise and experience to represent you or your loved one in this time of need.
Contact us now for a free consultation by either calling us at our office number (210-277-6262); after hours number (210-695-3763) You can also send us an email directly by filling out the form below: